Gardens can connect us to nature, providing numerous mental and physical health benefits, such as reducing stress and enabling different types of exercise. However, poor maintenance of pathways and trees, broken flooring or benches, and faulty gardening equipment can all be potential accident and injury hazards. If you have been injured on public, private, or commercial grounds in an incident which was not your fault, you could be eligible to make an accident in a garden claim.
You may be able to make an accident in a garden claim if you can show that the party in control of the space, or who sold/ produced faulty garden equipment, was responsible for your injuries. You will need evidence showing how the accident happened, why someone else was at fault, and how you were harmed. With strong evidence, you could seek personal injury compensation for your pain, suffering and any associated costs.
Our personal injury solicitors have decades of combined experience and are experts in supporting clients through the claims process, often doing so on a No Win No Fee basis. For more information and to find out if you are eligible to seek compensation for a garden accident, please speak to an advisor.
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Can I Claim For An Accident In A Garden?
You could make an accident in a garden claim if you can show that someone else failed to ensure your reasonable safety in line with applicable legislation. Below we look at the general criteria all garden accident claims must meet, before looking at specific liability for different circumstances.
1. There Was A Duty Of Care
This means that another party had a responsibility towards your safety. This could include,
- Your employer.
- The occupier of a public garden.
- The manufacturer of gardening equipment.
We will outline relevant legislation for each of these parties in the following sections.
2. They Breached This Duty
You need to clearly show that your employer, the occupier of a garden, or the manufacturer breached their legal duty of care to you. An employer may have failed to provide necessary training, the occupier of a garden may have failed to repair a hazard, whilst faulty gardening equipment claims could be made against manufacturers.
3. You Were Injured
You must have sustained either a physical or psychological injury or contracted an illness in order to claim compensation. Garden injuries could include lacerations, broken bones, and diseases (such as Legionnaires’ disease).
Liability For Workplace Garden Accident Claims
Liability for workplace garden accident claims rests with employers if they fail to meet their duty of care under the Health and Safety at Work etc. Act 1974. Employers must ensure that they provide:
- A safe working environment,
- Adequate training and supervision,
- The correct personal protective equipment, such as protective shoes and clothing.
An unsafe work area in a garden could lead to various accidents, injuries, and exposure to harmful chemicals.
Liability For Public Accident In A Garden Claims
Liability for accidents in public gardens rests with the party in control of the garden, known as the occupier. Their duty of care is set by the Occupiers’ Liability Act 1957 (OLA). Under the OLA, the occupier must ensure the reasonable safety of members of the public visiting the garden. They must,
- Carry out risk assessments.
- Maintain and repair facilities and equipment as necessary and within a reasonable amount of time.
- Ensure any (potential) hazards are clearly marked.
Unsafe areas in commercial (such as pub gardens) or public gardens (such as in a park) can lead to visitors being injured or becoming ill.
Liability For Faulty Gardening Equipment
Liability for faulty gardening equipment rests with the manufacturer and/or importer. Under the Consumer Protection Act 1987, consumers have the right to seek compensation for injuries caused by defective products.
Unlike the previous claims against occupiers and employers, claims involving defective products do not need to establish or prove negligence. Instead, they simply have to prove that the product was defective and caused their injury. To show it is defective, claims must show that the product’s safety was below that expected of it.
Get help with a workplace, defective product, or public liability claim from our team.
Examples Of Accidents In A Garden?
Examples of accidents in a garden you could claim for can include slips and falls in public gardens, those caused by broken facilities in a pub garden, and injuries caused by the use of defective equipment in your home.
Garden accidents and injuries could occur in public gardens and parks, pub or hotel gardens, and the grounds of museums and stately homes.
Private gardens – a gardener purchases a new hedge trimmer. They use it, taking recommended safety precautions, such as wearing protective gloves and eyewear. One of the blades comes off during use causing serious soft tissue injuries to their forearms.
Hotel gardens – a hotel guest is walking through the grounds in the evening. There is no lighting, marking, or warning showing a small set of stairs. The guest trips and falls down, suffering a broken knee.
Public gardens – a visitor is walking across a bridge over a duck pond. Whilst the local authority was aware the railing had become weather damaged, they had taken no action to repair it or place warning signs. The visitor leans on it, falling into the water and striking their head on a rock.
Museum or stately home grounds – these could include instances of groundsman and gardener injury claims. A groundsman uses a lawnmower supplied by a stately home. The mower has not been correctly inspected or maintained and a blade flies off striking the gardener. This causes deep lacerations across their arms and chest.
You may have grounds to make a garden accident claim for injuries sustained in any of these locations. Please contact our personal injury claims team for support.
How Much Compensation Can I Get After A Garden Accident?
How much compensation you could get after a garden accident is dependent on several factors, including how you were injured, how severe it was, and whether it caused any financial losses. For example, a severe knee injury which disrupts the joint and involves osteoarthritis as well as gross ligament damage could be awarded compensation of £85,100 to £117,410. This and the figures in row 2 onwards of the table come from the Judicial College Guidelines which can be used by legal professionals. Please only use the table as a guide.
| Injury. | Severity. | Compensation. |
|---|---|---|
| Multiple severe injuries and special damages for care, medical, and travel costs. | Multiple severe injuries. | Up to £1,000,000+ with special damages. |
| Brain damage. | Very severe - may follow basic instructions. | £344,150 to £493,000. |
| Facial disfigurement. | Very severe scarring - in a claimant aged teens to early 30s. | £36,340 to £118,790. |
| Knee injuries. | Severe injuries with joint disruption. | £85,100 to £117,410. |
| Ankle injuries. | Very severe - such as those with extensive soft tissue injuries. | £61,090 to £85,070. |
| Elbow injuries. | Severe disabling injury. | £47,810 to £66,920. |
| Wrist injuries. | Leading to permanent significant disability. | £29,900 to £47,810. |
| Pelvic injury. | Lesser injuries - with little or no residual disability. | £4,820 to £15,370. |
| Shoulder injuries. | Clavicle fractures. | £6,280 to £14,940. |
Calculating Special Damages For An Accident In A Garden Claim
Calculating special damages for an accident in a garden claim involves looking at the different costs, income losses, and financial expenses you had incurred. If you lost income or faced expenses as a result of your accident you could be compensated for them. To do so, you must provide evidence, such as bank statements, invoices, and similar documents.
You could be compensated for:
- Income lost due to taking time off work.
- The cost of private medical care.
- Travel to and from medical or legal appointments.
You can read more about how special damages may be calculated in our guide. Get in touch with our team to check if you have a valid claim and to see what it may be worth.
4.8 (466 reviews) What Is The Process For Claiming Garden Injury Compensation?
The process of claiming garden injury compensation involves proving that an occupier or employer was negligent, or that a product was defective, that this caused the injuries sustained, and filing your claim within the 3 year time limit.
Below, we outline the key steps in the process of making a garden injury compensation claim.
1. Seek Medical Treatment
Your first step should be to seek medical treatment from paramedics, an urgent care clinic, an A&E department, your GP, or other appropriate healthcare provider. In some gardens, a first aider may be available to provide immediate care. Doing so aids your recovery and creates medical records to support your claim.
2. Collect Supporting Evidence
You should collect supporting evidence as soon as it is safe and appropriate to do so. Types of evidence which could support your garden accident claim include,
- Medical records.
- Photos of the accident location, hazard, and visible injuries. For example, if a broken railing over a bridge caused your injury, you may have photos of it.
- CCTV footage of the accident.
- Contact details for witnesses.
3. Report The Garden Accident And Your Injuries
It is important to make an official accident report. The party you report the garden accident to may include:
- Workplace accidents should be reported to employers.
- Public liability accidents should be reported to the occupier.
- Accidents involving defective products could be reported to the manufacturer.
Occupiers and employers should ensure your incident is recorded in their accident book or log.
4. Keep An Injury Diary
In this you could record day-to-day symptoms and pain levels. In addition you can record details of medical appointments you attended as well records of expenses you have had to meet and the impact on your earnings.
5. Get Legal Advice
A personal injury solicitor can provide expert advice on whether you have grounds to make a claim, help estimate how much compensation you could be owed, and help you navigate the claims process.
How Long Do I Have To Make An Accident In A Garden Claim?
You have 3 years from the date on which you were injured to make an accident in a garden claim. This time limit is set by the Limitation Act 1980 which also allows for exceptions to be made in cases involving those under the age of 18 or with reduced mental capacity.
Learn more about the limitation period to claim compensation for an accident in a garden in our dedicated guide and find out about how one of our solicitors could support you by talking to an advisor.
How Can Legal Experts Help Me After Being Injured In A Garden?
At Legal Expert, our advisors and solicitors are experienced at helping people to make successful personal injury claims for garden injuries and accidents. To date, they have people from across the country to secure over £80 million in compensation and are ready to help you.
Just some of the ways in which a solicitor could help you includes:
- Providing a clear explanation of and guidance through the claims process.
- Helping you to understand your options as well as legal terms used.
- Filing your claim within the applicable time limit.
- Negotiating with the other party to secure you the best possible outcome.
- Securing interim payments, where you are eligible to do so.
Find out how one of our specialist solicitors could help you by getting in touch with an advisor today.
Can I Claim For An Accident In A Garden On A No Win No Fee Basis?
Yes, you could claim for an accident in a garden on a No Win No Fee basis. By using a type of No Win No Fee agreement, called a Conditional Fee Agreement (CFA), your solicitor will be able to provide their services without asking for upfront solicitors fees. Instead, under the CFA, they will deduct a (pre-agreed, legally limited) percentage of your compensation as their success fee. If you lose your claim, the solicitor will not charge for their work.
Find out how to make a garden accident personal injury compensation claim with our team today.
Contact Our Expert Solicitors Today
Contact our expert solicitors today about your personal injury compensation claim for an accident in a garden.
- Call our team on 0800 073 8804.
- Click to contact us online.
- Speak to our team about making a No Win No Fee claim.
Find Out More About Garden Accident Claims
Find out more about garden health and safety as well as accident claims in these resources.
- View information on claims for health and safety breach claims in this guide.
- See how the supply of machinery regulations protects employees in the workplace.
- View our guide to knee injury claims here.
References.
- Learn about the use of pesticides in the garden and home in this resource from the Health and Safety Executive (HSE).
- Find NHS first aid information here.
Please contact us to make an accident in a garden claim with one of our No Win No Fee solicitors.
